Show THE COURT colitt EMBR with a duplicity the th of the mormon church thur cli an effort is ii being made by them to impress the public with the belief that they mo anxious that a at district court in an aal for salt liae late county should bs be hol hell I 1 by judge jadeo SIcK can Ibry are certainly awara of the fact abat the legislature it bi as never oven if it lial lai the so s to 0 o do lay by tny any net act a ciure in for ut lake county we now pro proposed posea tc to examine this subject as it is presented by the various acts cla of congress Con grisa ani an 1 ot of tile legi J lature of rutih congress Con gresi by the pro ni of see sec lion 9 odthe organic act croatia abo judicial arm orthe government and divides the territory ino illo torce abl judicial district ji and authorize auth oriz w a district coart to lo bo be feltl in cash each ilk brict by ono one of the jl jul gas goot of the court at such and place as may be by law section IG of 0 the be anno anao act gon coo further and provides that tail temporarily until otherwise ilby hw the iho ind and governor Gover Dor ol of said fail territory rally define the abl juilien jui liei al districts of sail territory and nd assign asa ian the judges who way may be up lip pointed for said Terri territory wry to the nver and ind also appoint the times bod aud places for holding couts corins ia thesel alie several counties or sub in each of laid id judicial districts district a etc 11 but bat the assembly ai at their first or any subs quent 50 ses sion siaa may organize alter or mollify modify such sach julic judicial ial districts district aai adga n sigo the judges and alter the timis times and places or of holding tho the courts as to them stia deem proper and con Teni veni oot ont thus the organic 3 act et after creating the district courts coarts or the respective districts finally joni els it to the discretion of 0 tho legislature to organize and alter the districts assign tho the judges and alter the lime mid aud pla alno o of 0 holding holdi off he courts of 0 the district we presume pre nine that tile the limo lime ot 0 holding ilia courts was in ia the first I 1 in stanca fined by tile proclamation of the govern Gover raw ir and thero there after it de dc evolved upon the it if alicy doemel it proper or coave convenient rail L to al or cr the timo time and plies of holding holdin those couris thustle thus tho case stood until the year 1839 when congress pasel on an fact bet as at largo vol ila 11 pago W by its terms applicably to all the ilia territories ri wherein it wits ease enacted I 1 C I 1 th that it t tho the district coal bo be held by tho the of tho the supreme curt in their respective districts in counties wherein ly by tho the laws lawi of any territory courts have been or mity may be lisher etc with a proviso pr that ilia expenses thereof luiei bot should bo be paid by the territory or where n each bach cotrit might be held the intention ortho last act wis wag a good and W biao one aul ani gave to the citizen of 0 tho tha territories the privilege 0 haeng their courts nearer at hand but stu left the tame t me and place ot of holding the mariom courts subject to tile the will of tho the territorial up ul to LIMS giruc the utah laid not deebel it proper to establish oily D district court in antl for oily any r artian lar lai r co county tinty but in 1859 that be boly ly iyall its it urual dal forene mode of On aCting laws in fit defunct of all al mica latles and agib passed bat purports by iti in title to bo be an act 4 prescribing among other oilier tl ti lings i 11 gal ilia mode of procuring grand and petit p CIA jurors jur care and juries for the district CAI cornis larts and I 1 fur other purposes statutes of lla page OT 0 sections 5 6 and 10 of said sad ack have ienco been ot berwise this act is yet in force section 11 toi eigo to the purposes of tho the act itself a district dish let oburt to sit at any faunty feat eat of any county within its to try cases arising in ia inch county whenever tho the county court dball malce make proper provision to delray the 14 of such court pe re then tho the territory tory as su aj dol clines to pay ilia exports e s of the district court but empowers such court to be held w banever any county shall fo foot ottlia tho biu bill it will mill bo further noticed that the act does docs not purport to any court there nor is ia any tune time fixel as required by tho the or gaule act to hold such court it leaves leaTes tho the county court to ligis legis lito upon tho the proportion of expenses but no timo time when the tha court ahall be hold held theist the act of congress contemplates cases only bhore it here courts live li ve been or may be ba established by tho the atthe at the time odthe of the of said act no court within the purview of the same had been ikhel in utah but brat following out the desire of the territorial legislature wo ATO finia find that in 1805 they passed an wt act where IQ ia the ilao legisla Legis laivo ive wi I 1 is eap exp r by implication at icat lea it sal alvers verale cly ly 10 lo libbing courts of tho the district in in and for say county statutes statute of p age on the llie contrary by tho the express terms os of the act ct of IM 1885 the iho flegm uuro fix the time and place of hold aug the dai kemt courts of tho the district at one place in each district and also aaa assign tho the judges to the various districts totally ignoring the WA tat of holding any court fir it a county or malling making any effort to fal establish any such court Con groia grois in bt at vol 15 page at vail elih I 1 laze in and ril seclin IG of tile the organic act cf thereby tho the legislature of any power thereafter to ajr the ho time land and place of holding the courts of iho territory Tho I 1 at as ilia Terr itol is I 1 legislature did a id not gi diio I 1 a me it prokp hail alio power m order to old tho the district courtl in and fortice for lie ieli ui on oua counties it that it cannot now flow do 10 EO in IB auy any event it is a r cieus answer to the alio recent demand laade blade by balor 31 wells otters or ani an I 11 upon poll judge mcken to hold a int district jot court in and for sull SAIL lahe cou rity to fay ey that no or ex ilia has tny any such E D u ali or fixell the biane oud aud I ilace blaco lace ot of i a g tile samo same nor giai diwi tiny any such coul cobit t ever been in ia aud and fur bi ia d county |